Press Release: Councilmember Grosso re-introduces legislation to ban the use of “gay/trans panic” defenses in D.C.

News Release — At-large DC Council member David Grosso

For Immediate Release: September 17, 2019

Contact: Matthew Nocella

Washington, D.C. – At the D.C. Council’s first legislative meeting after summer recess, Councilmember David Grosso re-introduced his legislation to counter the use of “gay/trans panic” defenses, which seek to utilize the stigma associated with the sexual orientation, gender identity, or other identity expression of victims to excuse violent crimes.

“I am a passionate supporter of the human rights of criminal defendants, a fair and swift trial, and for alternatives to incarceration,” said Grosso. “All of that is possible without resorting to a defense that is premised on bias against lesbian, gay, bisexual or transgender individuals.”

The Tony Hunter and Bella Evangelista Panic Defense Prohibition Act of 2019 would curtail the availability and effectiveness of defenses that seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation, gender identity, or other inherent identity, is to blame for the defendant’s violent action. The bill also requires an anti-bias jury instruction in criminal trials if requested by the prosecutor or the defendant.

“The bill makes one thing clear: a defense that exploits bias is simply unacceptable,” said Grosso.

Councilmember Grosso originally introduced the bill in February 2017 as the Secure a Fair and Equitable (SAFE) Trial Act. Over the summer, Grosso worked closely with LGBTQ advocates ahead of re-introduction and fulfilled their request to rename the bill in honor of Tony Hunter, a gay man, and Bella Evangelista, a transgender woman.

“LGBTQ+ panic defenses have long stood as a symbol of dangerous and outdated thinking,” said D’Arcy Kemnitz, Executive Director of the National LGBT Bar Association. “The Tony Hunter and Bella Evangelista Panic Defense Prohibition Act of 2019 would send a clear message: Discrimination has no validity in the courtroom.”

“Victims of crime, their families, and their communities experience enough trauma without having to shoulder the blame for their murder or assault or watch their loved one’s name maligned as they seek justice,” said David Mariner, Executive Director of The D.C. Center for the LGBT Community. “I greatly appreciate Councilmember Grosso’s continued engagement with the LGBTQ+ community on this issue and for naming the bill in honor of Tony Hunter and Bella Evangelista–two victims whose cases were marred by the discriminatory statements that are used in the making of these panic defenses.”

“This bill would prohibit the misuse of a victim’s identity as an excuse for perpetrating a murder or violence. The ‘panic’ defense attempts to justify a criminal act motivated by a defendant’s racism, xenophobia, homophobia, transphobia, ableism or other bias. This Act is a necessary step to address an anachronism in our legal system that demeans and devalues the lives of vulnerable people. These defenses simply have no place in our justice system and it is time for them to go,” said Sasha Buchert, Senior Attorney at Lambda Legal.

In August, the Washington Post reported that D.C. saw the highest number of bias-motivated attacks last year and had the highest per capita hate-crime rate of any major city in the country.

“In this time of heightened rhetoric of hate and violence, it is incredibly important that we act to eliminate bias whenever we can. I appreciate the renewed grassroots support for this legislation, including the many letters and resolutions Advisory Neighborhood Commissions have recently approved, and urge the Council to move swiftly,” said Grosso.

Councilmembers Elissa Silverman, Robert White, Brianne Nadeau, Mary Cheh, Brandon Todd, and Charles Allen joined Grosso as co-introducers of the legislation.

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